JUDGMENT :

ASHWANI KUMAR MISHRA, J.

1. Petitioner at the relevant point of time was the Senior Clerk in the Office of District Non Formal Education Officer, Varanasi. The Joint Director of Education vide the first impugned order dated 03.12.1997 has held that petitioner is substantively appointed Senior Clerk and was temporarily promoted to the post of Senior Assistant, in a local arrangement, and since disciplinary action is proposed to be initiated against him as such he is being sent back to his substantive post of Senior Clerk. The second order under challenge is an order of suspension passed against the petitioner on 22.01.1998, by the Joint Director of Education, which records that since disciplinary action on serious charges is contemplated, therefore, he is being placed under suspension.

2. It is after a gap of 13 long years that a charge-sheet has been issued to petitioner on 12.10.2011, leveling five charges against the petitioner, which is the third order under challenge. The charge-sheet is assailed on the ground that neither any material in support of the charges exists nor any disciplinary enquiry would be permissible in absence of such material. It is also urged that th